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HomeMy WebLinkAbout1954-05-22; Municipal Water District; Resolution 4RZSOLUTION NO. L - RESOLUTION OF THX BOAkD OF DIRECTORS OR CARLSBAD MUNICIPAL WATER DISTRICT, A rm- NICIPAL WATE1, DISTRICT INCOKPORATED UNDER THE MUNICIPAL WAT <R DISTRICT ACT OF 1911, AS APENDED, CALLING, GIVING NOTICE AND PROCLAl'dATiON OF, AND PROVIDING FOR THE HOLDING OF A SPECIAL lUJI\TICIPAL WATER DISTRICT ELECTION WITHIN THS CORPORATE TRICT, FOR THE PURPOSE OF SUBMITTING TO THE QUALITIED ELECTORS THEWOF THE PROPOSITION OF ANNEXING SUCH CORPORATE AREA OF SAID MU- NICIPAL '2JATEIl DISTZICT TO SAN DIEGO COUNTY wxrir:. XUTHO~ITY AND TO THE ~~~ETRCIPOLITAN ARAA OF SAID CARLSBAD BWNICIPAL WRTi3R DIS- WATER DISTRICT OF SOUTHERN CALIFORNIA, SUB- JECT TO THE TERl'4S AND CONDITIONS FIXED BY THE BOARD OF DIRACTORS OF THE SAN DIEGO COUNTY WATdR AUTHORITY, AND SUBJEZT TO THE TZNG AND CONDITIONS FIXED BY THE BOARD OF DIRSCTORS OF THE lvlETROPOLITAM WATER DISTRICT VOTING PRECINCTS TH5;KE:FOI?E, DESIGMATIMG THE POLLING PLACES THEiZEOF, APPOINTIN? THE BOARD OF ELECTIONS FOR EACH VOTING PRECINCT, FIXING THE COFiPETU'SATIOl; OF ELECTION OFFICERS AND PRO- VIDING FOR THi3 CATYVASSING OF R&TUIZNS OF SAID ELECTION. OF SOUTHEFLN CALIFORNIA, ESTABLISHING SP3:CIAL WHEREAS, Pursuant to Resolution No. 2 passed and adopted by the Board of Directors of the Carlsbad Municipal Water District on March 24, 1954, the Board of Directors of said District declared its intention to apply to the Board of Directors of the San Diego County Water Authority and to the Board of Direct.ors of the Metropolitan Water District of Southern California €or consent to annex to said San Diego County Water Authority and to said The Metropolitan Water District of Southern California the corporate area of said Carlsbad Ihnicipal Water District, and filed a certified copy of said Resolution with the Board of Directors of The Metropolitan Water District of Southern California and with the Board of Directors of the San Diego County Water Author- ity on the 25th day of March 1954; and T.dHEREAS, Pursuant to Resolution No. 3, passed and adopted by the Board of Directors of the Carlsbad Mlunicipal Water District on April 5, 1954, the Board of Directors of said District caused to be filed with the Board of Directors of San Diego County Water Authority and the Board of Directors of The Metropolitan 'dater District of Southern California, an application for consent to annex the corporate area of said District to said San Diego County Water Authority and to The Metropolitan Water District of Southern California concur- rently; and WHEREAS, the Board of Directors of said San Diego County Water Authority by Resolution No. 302 passed and adopted April 20, 1954, as the governing body of said San Diego County Water Authority, applied to the Board of Directors of The Met- ropolitan Water District of Southern California for consent to annex to The Metropolitan Water District of Southern California the corporate area of said Carlsbad Municipal Water District; and WHEREAS, the Board of Directors of Ehe Metropolitan Water District of Southern California, by resolution No.4394, passed and adopted by said Board on April 13, 1954, a certified copy thereof having been filed with the Board of Directors of San Diego County Water Authority and the Board of Directors of the Carlsbad ltiiunicipal Water District, granted such application -1- and consented to said annexation and did fix the terms and conditions upon which such annexation may occur to the Metropolitan Water District of Southern California, which terms and conditions are hereinafter set forth; and County Water Authority, by Resolution No.302 passed and adopted by said Board on April 20, 1954, a certified copy thereof having been filed with the Board of Directors of said Carlsbad Plunicipal Water District, has consented to the annexation of the corporate area of the Carlsbad Mu- nicipal Water District to said San Diego County Water Au- thority, and has fixed and set forth and determined the terms and conditions upon which said corporate area of said municipal water district may be included in and annexed to and become a part of San Diego County Water Authority, and has set forth the terms and conditions so fixed by Resolu- tion No.4394 of the Board of Directors of The Metropolitan Water Ilistrict of Southern California, upon which said cor- porate area may be annexed to said The Metropolitan Water District of Southern California; and WHEREAS, it appears to the Board of Directors of said Carlsbad Municipal Water District that it is to the best interests of said District and its residents, citizens and tax payers, that the corporate area of said District be annexed to and become a part or San Diego County Water Au- thority and The Metropolitan Water District of Southern California WHEREAS, the Board of Directors of said San Diego NOW, THEIA3FUWE, k33E IT RASOLVZD by the Board of Direc- tors of the Carlsbad blunicipal Water District as follows: Section 1. That there shall be submitted to the qualified electors of the Carlsbad Municipal Water District, a municipal water district, organized under the Municipal Water District Act of 1911, as amended, and which is located entirely within the County of San Diego, State of California, at a special municipal water district election to be held therein, the proposition of annexing the corporate area of said hlunicipal water district to San Diego County Water Au- thority and to the Metropolitan Water District of Southern California, subject to the terms and conditions fixed by the Board of Directors of San Uiego County Water Authority and the Board of Uirect ors of The Metropolitan iVater District of Southern California concurrently, and such annexation, subject to said terms and conditions, nereby is approved by the Board of Directors OX the Garlsbad Municipal Water Districc, Section 2. That an election is hereby ordered, pro- claimed, and called to be held within said corporate area of the Carlsbad Municipal Water District on Thursday, the 20th day of Nay, 1954, pursuant to the County Water Authority Act, as amended, and The Wetropolitan Water District Act of the State of CaliPornia as amended, and other laws applicable thereto, for the purpose of submitting to the qualified electors thereof the proposition of annexing the corporate area of the Carlsbad lhnicipal Water District to the San Diego County Water Authority and to The Metropolitan Water aistrict of Southern California concurrently, subject to the terms and conditions fixed by the Board of Directors of the San Diego County Water Authority and subject to the terms and conditions fixed by the Board of Directors of The Metropolitan Water District of Southern California, the substance of which terms and conditions are hereinafter in Section 3 hereof particularly set forth. Upon the ballots to be used in such special municipal water district election, in addition to other matters required by law, there shall be printed the following, to wit: MEASURE SUBMITTED TO VOTE OF VGTERS. -2- . ~~ ~ _I.I_.__._. ." . . . . , . . ... .... I Shall the Corporate Area of the Carlsbad Municipal Water District be annexed to San Diego County Nater Authority and to The Metropolitan Water District of Southern California, subject to the terms and conditions fixed by the Board of Directors of the San Diego County Water Au- thority and subject to the terms and conditions fixed by the Board of Directors of said The Metropolitan Water District of Southern Cali- f ornia? Section 3. Notice is hereby given of the holding of said special municipal water district election and of the time and place of the holding of said election, as herein provided; and notice is also given that the substance of the terms and conditions upon which the corporate area of the Carlsbad Municipal Water District may be annexed to and become a part of the San Diego County Water Au- thority and may be annexed to and become a part of The Metropolitan Water District of Southern California, heretofore fixed by the Board of Directors of the San Diego County Water Authority and by the Board of Directors of The Metropolitan Water District of Southern California, is as follows: YES NO That the said terms and conditions so fixed and pre- scribed by the Board of Directors of said San Diego County Water Authority by its aforesaid Resolution No. 302 passed and adopted on the 20th day of April 1954, are in substance as follows: 1. That said corporate area shall be annexed to The Met- ropolitan Water District of Southern California concurrently with the annexation of the corporate area of said District to the San Diego County Water Authority, and that such an- nexation shall be completed and all necessary certificates, affidavits, statements and maps, required to be filed by or on behalf of the Carlsbad Municipal Water District to effec- tuate such annexation, shall be filed in the manner required by law on or before November 1, 1954.. 2.That the terms and conditions fixed by the Board of Directors of the Metropolitan District of Southern Cali- fornia upon which such annexation may occur to said The Metropolitan Nater District of Southern California, and as determined by said Resolution No, 4394 adopted by the Board of Directors of The Metropolitan Water District of Southern California on April 13, 1954, be fully and com- pletely complied with. substantially as follows: That such terms and conditions are ( (a) That the annexation of the corporate area of Carlsbad Municipal Water District shall be com- pleted concurrently with the annexation of the corporate area of said Carlsbad Municipal Water District to the San Diego County Water Authority and all necessary certificates, statements, maps and other documents required to be filed by or on behalf of said San Diego County Yater Author- ity, or by or on behalf of Carlsbad to effectuate such annexation shall be filed in the respective offices required by law, on or before December 1 1954. (b) That in the event of such annexation: b-1. There shall be levied by the Metropolitan Mater District of Southern California, special taxes upon taxable property within such corporate area (Carlsbad Blunicipal Water District) in addition to the taxes elsewhere in The Metropolitan Water District Act ( Stat s. 1927, page 694, as amended) author- ized to be levied by the Metropolitan Water District of Southern California. -3- b-2. The aggregate amount to be raised by such special taxes shall be $548,100. I r b-3. The number of years prescribed for raising such aggregate sum shall be thirty (30) years commencing with the fiscal year 1955-56. b-4. Substantially equal annual levies will be made for the purpose of raising said sum over the period prescribed. That in the event of such annexation, all feeder pipelines, structures, connections and other ra- cilities, required for the delivery of water to the said corporate area of Carlsbad &Iunicipal Water District from vorks owned or operated by The Metropolitan Water District of Southern Cali- fornia, shall be constructed, provided and in- stalled without cost to The Metropolitan Water District of Southern California, which District shall be under no obligation to provide, construct, operate or maintzin such works. 3. That there shall be no chanqe in the official bounda- ries of' said &i.lsbad Municipal Water District from and af- ter the 13th day of April, 1954, until the date upon which such annexation shall become effective. 4. That in the event of such annexation: (a) There shall be levied by the San Diego County Water Authority, special taxes upon taxable property within said corporate area of said District (Carlsbad Municipal Water District), in addition to the taxes elsewhere in the County Water Authority Act provided and authorized to be levied by the San Diego County Water Authority. (b) The aggregate amount to be raised by such special taxes shall be ,b57,700. (c) The number of years prescribed for raising such ag- gregate sum shall be five (5) years, commencing with the fiscal year 1955-56. (d) Substantially equal annual levies will be made for the purpose of raising such sum over the period so prescribed. 5. In the event of such annexation said Carlsbad blunicipal Water District shall immediately subscribe and enter into that certain agreement between the individual unit members of the San Diego Cmnty Water Authority and the United States of America, designated TIContract NOy-13300 Collateral Agreement to Supplemental Agreement No. 4 between the United States of America and San Diego County Water Authority. lines, structures, connections and other facilities, required for the delivery of water to said corporate area of the Carls- bad f4unicipal Water District from the works owned or operated by the San Diego County Water Authority shall be constructed, provided and installed without cost or expense to the San Diego County Water Authority which shall be under no obligation to 6, That in the event of such annexation, all feeder pipe Pro San one vide, construct or maintain such works, except that said Diego CDunty Water Authority shall provide at its expense (1) connection to the San Diego Aqueduct for the use of said Carlsbad Municipal Water District, at a location and of a size to be determined by the Board of Directors of said San Diego County Water Authority. -4.- Section 4. For the purpose of holding said special municipal water district election, the territory lying within the boundaries of the Carlsbad Flunicipal Water Dis- trict is hereby divided into five (5) special election pre- cincts. Said precincts for the purpose of such election shall be known by the names of and designated as Special Election Precincts Nos. 1 to 5, inclusive, and the description of each precinct as established is as follows: SPiCIAL ELECTION PKi3;iINCT N0.1 Polling place: Garage at 2701 Highland Officers- Inspector RALPH N. DUSENBURY JUUGE BZHTINA E. MSCARTNEY Drive, Carlsbad, Calif. Clerk Alice E. Davis Clerk Fern E, Yarberry SPECIAL ELECTION PIZECINCT NO 2. Polling place: Residence at 771 Laguna Drive, Carlsbad, Calif. Officers : Inspector CAROL A. McLAUGHLIN Judge HAZEL B. flOBINSON Clerk C.F.CHkISTIANSEN Clerk GBAGZ B. LARSON SPECIAL ELZCTION PHACINCT NO. 3. Polling place: Residence at 34-61 Garfield St., Carlsbad, Calif. Officers: Inspector IJI~AICGARET K. MARKET Judge HAZEL A. ROBZRTS Clerk CORA A. BAUMGBhTNER Clerk EVA E. FELT SPZCIAL ELECTION PRECINCT NO. 4. Polling place: Residence at 1039 Chestnut St., Carlsbad, Calif. Officers: Inspector FjELLE M. SAWYERS Judge R03E L. GLINES Clerk SAMUEL J. DUFNEK Clerk GdRALDINE 'vi. 1bicPHE;RSON SPECIAL ELECTION PRdCINCT NO. 5. Polling place: Residence at 1826 Magnolia Ave., Carlsbad,Calif. Officers: Inspector ROBdhT G. CRAWFORD Judge DORCAS 0. JONES Clerk IRZNE WALTEkS Clerk KATHERINE E. CAPPE. Section 5. All of the persons above named are hereby 2-3 appointed as such election officers respectively, and their compensation is hereby fixed at the sum of Seven and 50/100 (17.50) Dollars each for said election. Said polling places are established as the polling places where the polls will be open from the hour of 7:OO orclock a.m. until the hour of 7:OO o'clock p.m. of said day, when the polls shall be closed, except as orovided in Sections 5734 of the Elections Code of the State of California. Section 6. The Secretary of the Board of Directors of the Carlsbad Municipal Water District is authorized and di- rected to give notice and proclamation of the holding of said special municipal water district election by ublishing said notice and proclamation once at least ten (10 P days before the date of said election, in "The Carlsbad Journal" which is a newspaper of general circulation, printed and published in the County of San Diego, State of California, and circulated within the corporate area of the Carlsbad Municipal Water District. Such notice shall contain the substance of the terms and conditions fixed by the Board of Directors of San Diego County Water Authority and by the Board of Directors of the Metropolitan Water District of Southern California, upon which -5- - . -- 5/22/54 such annexation may occur. Said notice and proclamation shall also state the date of such election and the propo- sition to be submitted thereat and shall designate the election precincts? the places at which and the time during which the polls will be open for such election and the of- ficers named as election officers. Said Secretary of said Board of Directors is also authorized and directed to make all arrangements for holding and conducting said special municipal water district election and said election shall be conducted, the votes received, the ballots counted, the returns canvassed, and the results thereof ascertained, de- termined and declared in the manner required by law for elections submitted by the Board of Directors of said Dis- trict to the voters of said District and as prescribed by said County Water Authority Act. Section 7. The canvass of the returns of said special municipal water district election shall be made and conducted by the Board of Directors of the Carlsbad Municipal Water District at a meeting to be held for that purpose on May 22, 1954, at the hour of 1O:OO o'clock a.m. of said day at the office of Carlsbad Mutual Water Company, 601 Elm Street, Carlsbad, San Diego County, California? and if it be deter- mined upon the canvassing of the returns cast at such special municipal water district election on the proposition so sub- mitted at such special municipal water district election to the electors of said Carlsbad Municipal Water District, that said proposition received the affirmative vote of the majority of the electors of said Carlsbad Municipal Water District voting on such proposition at said election, the Board of Di- rectors of said District, through the President and Secretary of said Board who hereby are authorized and directed to do and perform all such acts, shall certify the results of such election on such proposition to the Board of Directors of said San Diego County Water Authority? together with a legal de- scription of the boundaries of the corporate area of said Carlsbad Municipal Water District accompanied by a map or plat indicating such boundaries, and shall include in such certifi- cate a record of the proceedings by which such territory has been annexed to San Diego County Water Authority and to The Metropolitan Water District of Southern California, and shall promptly do all acts and take all proceedings required by law to be done or taken, by or on behalf of said Carlsbad Nunicipal Water District to accomplish such annexation and to render such annexation fully effective for all purposes. Attee: A Director& of the Carlsbad Municipal Water Llistrict. -6-